Woman sues Cardionet, alleging employment law violations

Kasey Schefflin-Emrich Jul. 7, 2015, 1:31pm


PHILADELPHIA - A Bensalem resident is claiming a wireless medical technology company violated numerous employment laws.

Felicia Dockery filed a lawsuit June 18 in the U.S. District Court for the Eastern District of Pennsylvania against Biotelemetry Inc., doing business as Cardionet Inc., alleging wrongful termination due to discrimination based on her race, age and disability.

According to the civil action, Dockery, a 44-year-old African-American, worked as an insurance verification representative at the defendant's Conshohocken location from March 2011 to September 2013. The suit states that Dockery was told her department would be closing within two to six weeks as the work was going to be outsourced. She and other employees were informed that if they continued to work up until the department closes they would receive severance packages, she says.

The department operated for six additional months, and the suit says that during the transition period six of the 17 employees in Dockery's department were transferred to another department.

Out of those six employees, five were Caucasian and five were under the age of 40. While one of the transferred employees was an African-American, the 11 employees who weren't transferred and who were eventually laid off were African-American, she claims.

The suit also states that during the time period Dockery was employed, she suffered from uterine fibroids, which is considered a disability under the Americans with Disabilities Act and the Americans with Disabilities Amendments Act of 2008, and requested leave in August 2013 under the Family Medical Leave Act to undergo surgery related to the medical condition.

Her request was allegedly denied with a human resources representative telling her that she could have the surgery after her layoff when she had medical coverage under the severance plan. However, on Sept. 6, 2013, before the eligibility date to receive severance benefits, Dockery was terminated for allegedly trying to convince a co-worker to abandon her work duties, she says.

Dockery claims that as a result of the defendant's actions, she suffered emotional distress, humiliation, decreased self-esteem, and loss of earnings.

She seeks lost wages and benefits; compensatory and punitive damages; attorney's fees and court costs; and other relief deemed appropriate by the court. The plaintiff is being represented by attorney Joshua S. Ganz in Hatboro.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-03423-GAM.

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